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On Improving The Law System Of China’s Collective Land Acquisition

Posted on:2013-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:X J MiaoFull Text:PDF
GTID:2246330371499246Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the rapid development of our country city, a large number of collective lands are expropriated for city construction. After years of practice, collection law system has been gradually improved. Nevertheless, in the vast rural areas, there’re still a lot of problems of collective land acquisition to settle with. This year, Premier Wen Jiabao put forward" to deepen rural reform, formulated rural collective land acquisition Ordinance" as one of the key work to deepen the reform of economic system in2012, show that the party and the government have the determination to promote the collective land acquisition legislation. At present, our legislation about collective land acquisition is mainly embodied in the" Constitution"," Property law"," Land management law" and so on. The above laws and regulations on collective land acquisition are very specific, but they cannot be able to keep up with the situation of economic and social development.Especially in recent years, public welfare levy was uncontrolled expansion and" violent demolition" phenomenon emerge in an endless stream, leading to people’s legitimate rights and interests seriously damaged, cause the dissatisfaction of people. It’s so necessary to modify the existing law and formulate new law about collective land acquisition. The law should stipulate:the collective land expropriation process, to reasonably define the scope of public interest, improve the land acquisition procedures, improve the standard of compensation and makes the compensation means diversification, safeguard farmer’s participation rights, to establish social security system for land lost farmers, and to play its final judicial justice defense role.The first part:Introducing the related theoretical issues on Collective land expropriation system. In this part, the paper firstly gives the explanation of the meanings and characteristics of collective land expropriation. And then it talks about the history and background of the collective land expropriation legal system. At last, the paper goes on talking about the theoretical basis of collective land expropriation. The second part:Making a brief introduction of the characteristics of foreign country land collection legal system, and then summarizing the lessons that can be learned from several aspects. In this part, the paper firstly introduces the due process principle of American land expropriation, it also gives the introduction of the British" land Inquisition" system, the German collection legal regime" teeth " clauses, Canada land requisition procedure and relief mechanism, and the classification of land requisition system of Taiwan region of China. Through the comparison and summarizing, we can learn some advantages from the above countries. We should establish the perfect legal system, define public interest reasonably, determine fair and reasonable compensation; we should also establish fair procedures and perfect dispute resolution mechanism of relief.The third part:Analysis of China’s current collective land legal regime, to find the defects and the reasons of them. Firstly the paper introduces the current legal system of the collective land expropriation, and then discusses the problems, finally analyses the genesis behind the problems.The last part:Thinking about how to improve our country’s collective land expropriation system. The reform measures are improving public benefit collection mode and the expropriation procedure. The measures also include that how to improve the collective land requisition compensation and relief mechanism.
Keywords/Search Tags:Collective land acquisition, public interest, due process, relief mechanism
PDF Full Text Request
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